Lucky Bharat Garage Private Limited v. Smt. Dahi Ben

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR SA No. 56 of 2017 (Arising out of judgment/order dated 06.12.2016 in Civil Appeal No.24-A/2016 of the learned 1st Additional District Judge) • Lucky Bharat Garage Private Limited M.G.Road, Raipur, Tahsil & District Raipur, Chhattisgarh ................(Defendant) ---- Appellant

Versus

1. Smt. Dahi Ben Wd/o Late Shri Hari Bhai Patel, Aged About 81 Years R/o Baijnathpara, Raipur, Tahsil And District Raipur, Chhattisgarh

2. Shailesh Bhai Patel S/o Shri Hari Bhai Patel, Aged About 59 Years R/o Baijnathpara, Raipur, Tahsil And District Raipur, Chhattisgarh ............... (Plaintiffs) ---- Respondents For Appellant :

Shri G.D.Vaswani, learned Advocate.

For Respondents :

Shri Manoj Paranjpe, learned Advocate.

Hon'ble Shri Justice Sanjay Agrawal Order On Board 07/11/2017 1.

During the course of arguments, it is submitted by Shri G.D.Vaswani that if some reasonable time is granted for vacating the suit premises, then he does not want to press this appeal.

2.

On the other hand, Shri Manoj Paranjpe, counsel for the respondents submitted that three months time is sufficient for the said purpose and the appellant may be granted only 3 months' time from today for the said purpose. 3.

After considering the submissions of the parties, interest of justice would be served if six months' time from today is granted to the appellant for vacating the suit premises with a further direction that he shall deliver the vacant possession of

the same by 1st May, 2018 and shall continuously deposit the rent till the date of its enjoyment.

4.

In view of above, this appeal is dismissed as withdrawn. The appellant is hereby granted six months' more time from today for vacating the suit premises. He shall deliver the vacant possession of the suit premises to the respondents positively by 1st May, 2018 and shall deposit the entire rent till the date of its enjoyment. No order as to costs.

Sd/- (Sanjay Agrawal) Judge Anjani